MAGISTRATES’ COURTS.

Globe, Volume XXI, Issue 1775, 28 October 1879, Page 3

MAGISTRATES’ COURTS.

LYTTELTON. Tuesday, Octobbe 28. ("Before J. Beswick, Esq., R.M., and W. Haskell, Esq.. J.P.] LUNACY. —Janet Higgins was charged with lunacy. Her husband testified to the circumstances. Dr. Macdonald, M.D., testified that ho had examined the woman and he considered her mind was not so unsound as to warrant her committal to the Asylum. He thought a little kind treatment would bring her round all right. He stated that several times the woman had called upon him for medical treatment, stating that she had been abused by her husband. The Bench asked Mr Phillips whether he could accommodate the women in the gaol for a day or two, Mr Phillips said there was no room for her, he had then 119 in, whereas the accommodation provided was but fo.' 100. The arresting constable, Dance, gave evidence as to finding the unfortunate woman at her home at the Head of the Bay. She was in an undressed condition, and ha saw the hole in the window through which she had sprung. He knew that the man Higgins was in a position to pay for having hia wife cared for. The woman, who presented an emaciated appearance, and was scarcely able to walk from the cuts and bruises on her (body resulting from her fall from the window and amongst the brushwood, whither she had taken refuge, stated that she could stay for a day or two at a friend’s house in port - , and that then the Bench might judge of her condition. A constable was sent to the person she spoke of, and returned saying that it would be inconvenient for Mrs Higgins to stay there, because her husband would he Bure to be around, and he was such a nuisance. The Bench then ordered the case to be remanded until Wednesday, the patient fo be examined by two medical men in the meantime.

KAIAPOI. Monday, October 27. [Before Joseph Beswick, Esq., R.M.] Alleged Assault. —ln the adjourned case of Hurse v Dovery, in which defendant was charged with assault, using abusive language in presence of a Justice of the Peace, and offensive conduct in a railway carriage, the evidence of W. Moir, taken at Christchurch, waa to the effect that he heard accused say on entering the carriage, “ It’s a cold night,” and, addressing complainant, “ Can you make room for me,” when complainant said, “If you sit here 1 will chuck you out.” Accused removed complainant’s knee and sat down. The latter then took him by the neck and heard, and a scuffle took place. There was room in the seat for four only. Three were in it previously. Saw accused following complainant on to the platform, and heard him use some such words as that he was not man enough to chuck him out. The Resident Magistrate in giving his decision said in this case he had gone carefully over the evidence, and, bo far as he could see, complainant had failed to establish his case by proving that an assault had been committed by accused. There waa one matter in the evidence ho could not overlook, namely, the fact that from the evidence given none of complainant’s witnesses seemed to have any knowledge how the scuffle commenced, whereas those called by the accused stated that he asked if they could make room in the carriage, and complainant said, “ If you sit here I will chuck you out.” When accused •Bat down he removed complainant’s knee, which waa laid on the seat, and then complainant tried to put him out. The evidence of the witnesses and also the stationmaster showed there was plenty of room for four, •while at the time there were only three on the seat. He need not remark that complainant had apparently been the cause of the affair in Baying he would chuck accused out, and the case would be dismissed. Cattle at Large. —T. Hudson, J. Shearsby, E. Oapil, and R. Nesbit were each fined Gs. Dog Nuisance Ordinance. —R. Stark was fined 20a.